Analysis of Court of Cassation Judgments on Grave Desecration from Forensic and Legal Perspectives

OpenAlex · English

Exhumation, intersecting forensic medicine and law, determines cause of death, identity, and resolves legal disputes. Requiring a court order and facing socio-cultural sensitivities, it sparks legal and ethical debates. This study examines its role in legal proceedings. A search on the Turkish Court of Cassation Decision website excluded unclear rulings per anonymization principles. In total, 196 exhumation-related rulings (June 12, 2002–September 24, 2024) were analyzed from a forensic medicine perspective. Of the 196 cases, 72% (n=142) were from Civil Chambers and 28% (n=54) from Criminal Chambers. In civil cases, 56.3% (n=80) reversed due to lack of exhumation, while 17.6% (n=25) did not consider it a deficiency. Rejections were based on witness testimonies or burial site location issues. Exhumation was mostly for paternity claims (64.86%) in civil cases, while the Court of Cassation focused on maternity (60%). In criminal cases, exhumation was primarily for determining cause of death (81.08%), identifying trauma-related deaths in 43.24% (n=16), and decomposition in 21.62% (n=8). Court of Cassation rulings highlight exhumation as a key tool for determining cause of death and verifying familial ties. In cases without autopsy and paternity/maternity disputes, it expedites legal processes. Collaboration between forensic medicine and law is vital in uncovering facts.